Opinion
No. 4495.
March 10, 2011.
Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or about December 9, 2009, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of sexual abuse in the third degree, and imposed a conditional discharge for a period of 12 months, unanimously affirmed, without costs.
Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rodgers of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), for presentment agency.
Before: Saxe, J.P., Friedman, Acosta, DeGrasse and Richter, JJ.
The court properly exercised its discretion in denying appellant's request for an adjournment in contemplation of dismissal, and instead adjudicating him a juvenile delinquent and imposing a conditional discharge, with the condition that he participate in a sex offender treatment program. When nearly 16 years old, appellant engaged in sexual conduct with a 10-year-old girl. In light of the seriousness of the underlying incident and the very short duration of any supervision that an ACD might have provided, the court adopted the least restrictive dispositional alternative consistent with appellant's needs and those of the community ( see Matter of Katherine W., 62 NY2d 947).